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From left: A red and white sign protesting Critical Race Theory, groups of people stand in a parking lot

(White) Christian Roots of Slavery, Native American Genocide, and Ongoing Efforts to Erase History

15th century dogma connects the genocide and land dispossession of Native Americans with the enslavement and oppression of African Americans throughout history.
Supreme Court Justice Harlan F. Stone photographed with a book.

The Supreme Court's World War II Battles

Cliff Sloan’s new book explains how the Franklin Roosevelt-shaped Court wrestled with individual rights as the nation fought to save itself and the world.
Title page and verso of a 1727 printing of Plutarch's Lives

"Those Noble Qualities": Classical Pseudonyms as Reflections of Divergent Republican Value Systems

Writing under ancient veneers allowed partisans to politicize and weaponize ancient history during the turbulent start of the Federal Republic.
A mobile of the American flag's stars and bars hanging over a cradle.

Why Republicans Keep Calling for the End of Birthright Citizenship

It’s about more than immigration.
Supreme Court justice Clarence Thomas and typed footnote

Clarence Thomas Went After My Work. His Criticisms Reveal a Disturbing Fact About Originalism.

If judges are going to use history as their guide, they should probably try to get the history right.
U.S. Supreme Court building where "Equal Justice Under Law" is written in stone.

The Originalist Case for Affirmative Action?

The argument made recently by Kim Forde-Mazrui may not be in good faith, but it does raise important questions about the meaning of the Constitution.
Political cartoon of American resistance against British colonial power.

Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy

Interposition was a claim that American federalism needed to preserve some balance between state and national authority.
A 1613 engraving of the July 1609 battle between Samuel de Champlain, his men, their Native allies, and Mohawk soldiers.

The Rediscovery of America: Why Native History is American History

Historian Ned Blackhawk’s new book stresses the importance of telling US history with a wider and more inclusive lens.
Revolutionary War reenactors shooting muskets.

“Originalist” Arguments Against Gun Control Get U.S. History Completely Wrong

Gun control is actually an American tradition.
Signage for Hachette Book Group is displayed at BookExpo America in New York.

When You Buy a Book, You Can Loan It to Anyone. This Judge Says Libraries Can’t. Why Not?

The lawsuit against Controlled Digital Lending is about giving corporations—rather than readers, buyers, borrowers, or authors—control over content.
A portrait of Supreme Court Justice Samuel Chase, nicknamed "Old Bacon Face," painted by John Beale Bordley in 1836.

Can a Supreme Court Justice Be Impeached? Meet ‘Old Bacon Face.’

Samuel Chase was the only Supreme Court justice to be impeached, after he openly campaigned for a president and told jurors who he thought was guilty.
The Capitol Building in ruins within a US-shaped crater.

Why Our Country Is Too Big Not to Fail

Maybe the United States was doomed from the start. And Jean-Jacques Rousseau can explain why.
A lithograph of Daniel Webster from William H. Brown’s 1845 series “Portrait Gallery of Distinguished American Citizens”

We Fought Over American National Identity During the Antebellum Period. The Fight Should Be Ongoing.

A new work of history finds the best antidote to today’s authoritarian politics in Daniel Webster’s 19th-century civic nationalism.
Flag of the United States Bureau of Indian Affairs

The Supreme Court Case That Could Break Native American Sovereignty

Haaland v. Brackeen could have major consequences for tribes’ right to exist as political entities.
Black and white photograph of suffragists standing in front of a car with a banner reading: we demand an amendment to the United States constitution enfranchising women.

The Jewel City: Suffrage at the 1915 San Francisco Panama-Pacific International Exposition

Suffragists coalesced in San Francisco to push for nationwide women' suffrage and send a petition to Congress for the vote.
Eric Foner sits in an arm chair on stage during an interview, holding a microphone.

“Originalism Is Intellectually Indefensible”

On the persistent myth of the colorblind Constitution that the Supreme Court's conservatives have embraced.
Black and white photo of African American girl attending a white segregated school

A Powerful, Forgotten Dissent

Among the thousands of cases the Supreme Court has decided, only a handful of dissenting opinions stand out.
Abortion opponents hold signs reading "I Vote Pro-life First" outside Supreme Court

Abortion and Partisan Entrenchment

The modern Republican Party has tied itself to Roe v. Wade. With the Supreme Court's decision in Dobbs, the party is vulnerable to new issues.
New York, 1929, men pointing to a sign reading "No Booze Sold Here"

Freedom From Liquor

Ken Burns’ account of prohibition tells a popular story of booze in America. The historical record is far more sobering.
Drawing of a voting booth on top of a gerrymandered district with a saw cutting the floor out from under it.

American Democracy Was Never Designed to Be Democratic

The partisan redistricting tactics of cracking and packing aren’t merely flaws in the system—they are the system.
Black and white side by side of Presidents Nixon and Trump

Watergate's Ironic Legacy

Amidst the January 6 hearings, the fiftieth anniversary of Nixon’s scandal reminds us that it has only gotten harder to hold presidents accountable.
Justice William O. Douglas. Photography from Bachrach / Getty

Scooping the Supreme Court

The first Roe v. Wade leaks happened fifty years ago.
Drawing of aerial view of vast room of cubicles.

The 20-Year Boondoggle

The Department of Homeland Security was supposed to rally nearly two dozen agencies together in a streamlined approach to protecting the country. So what the hell happened?
Cover of "The Anti-Oligarchy Constitution" by Joseph Fishkin and William E. Forbath.

American Social Democracy and Its Imperial Roots

This post is part of a symposium on “The Anti-Oligarchy Constitution,” a new book by Joseph Fishkin and William E. Forbath.
Painting of George Washington in New York, 1783, surrounded by a crowd.

The Many American Revolutions

Woody Holton’s "Liberty is Sweet" charts not only the contest with Great Britain over “home rule” but also the internal struggle over who should rule at home. 
Chuck Grassley looking at his phone during confirmation hearing

A Brief Guide to Supreme Court Confirmation Hearings, the Silliest Ritual In Washington

Supreme Court confirmation hearings feature senators talking a lot, and nominees nodding politely until they can leave.
John Brown, 1859

Paving the Way to Harpers Ferry: The Disunion Convention of 1857

Southern pro-slavery states weren't the only states calling for disunion before the Civil War erupted.
Pastoral landscape with classical architecture. Copy after Thomas Cole’s “Dream of Arcadia”, by Robert Seldon Duncanson, 1852.

An Ugly Preeminence

On the devout abolitionists who excoriated American exceptionalism.
A print based on David Gilmour Blythe's fanciful painting of Lincoln writing the Emancipation Proclamation
partner

The Emancipation Proclamation: Annotated

Abraham Lincoln proclaimed freedom for enslaved people in America on January 1, 1863. Today, we've annotated the Emancipation Proclamation for readers.
A picture of armed militias

What the Term “Gun Culture” Misses About White Supremacy

The rise of tactical gun culture among civilians reveals a new front in the U.S. battle against nativist authoritarianism.

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